Pinkerton v. United States, 328 U.S. 640

Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1946), is a case in the Supreme Court of the United States

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. The case enunciated the principle of Pinkerton liability

Pinkerton liability

The Pinkerton liability rule was pronounced in Pinkerton v. United States, a case in the Supreme Court of the United States. Walter and Daniel Pinkerton were brothers who were charged with violations of the Internal Revenue Code. The indictment alleged the Pinkertons committed one conspiracy count...

, a prominent concept in the law of conspiracy

Conspiracy (crime)

In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

.

History

Walter and Daniel Pinkerton both lived (separately) on Daniel Pinkerton's farm. They were indicted for violations of the Internal Revenue Code. Walter Pinkerton was found guilty of nine counts of violating the tax code and one count of conspiracy. His brother Daniel was found guilty of 6 substantive counts of violating the tax code and one count of conspiracy. Daniel Pinkerton appealed claiming that because it was only his brother who committed the substantive crimes he was incorrectly convicted.

Issue

At issue is whether a defendant can be held liable for substantive crimes committed by another in the furtherance of a conspiracy in which they are joined.

Holding

Yes. The Court held that when a defendant is joined in a conspiracy, substantive crimes committed to advance that conspiracy can be charged to all defendants as long as they are still part of the conspiracy when those crimes are committed.